Haverstick

Haverstick v. Trudel

Good Law
1876 Cal. LEXIS 74·51 Cal. 431
Supreme Court of CaliforniaJuly 1, 1876No. 4978California689 words

Opinion

lead Opinion

Rhodes, J.

The plaintiffs are the heirs at law of Henry Melius, deceased, and the defendant is the administrator of the estate of the deceased. The plaintiffs allege that the defendant instituted an action for the dissolution of a certain corporation, in which the estate of the deceased Avas largely interested; that a judgment was rendered dissolving the corporation and ordering its property to be sold; that at the sale of the property the defendant became the purchaser of the real estate, and subsequently of the personal property; that a portion of the purchase-money belonged to the estate of the deceased, and a portion to the defendant; that it was agreed and understood by and between the plaintiffs and defendant that the purchase should be made, and it Avas in fact made, for the benefit of the plaintiff; that the defendant took possession of the property, has received large sums of money from the use thereof, and claims to hold the property and the incomes thereof for his own sole and exclusive use; and that he has offered the same for sale as his own property.

It is also alleged that the defendant, in answer to a citation, reported to the Probate Court that hd had in his possession no…

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